Whether you were hurt in a car accident, pedestrian crash, a workplace incident or suffered from medical malpractice, New York personal injury law gives you the right to seek compensation. However, navigating this process can be complex.
Insurance companies are for-profit businesses that have their bottom line in mind at all times. If you are dealing with one of these organizations, it is crucial to have an attorney on your side.

1. Seek Medical Treatment
One of the most important things that injury victims must do is seek medical treatment as soon as possible after an accident. This is not only vital to your health, but it can also help to support your case for compensation.
Failing to seek medical treatment can give insurance companies a reason to argue that your injuries are not as severe as you claim, which could make it harder for you to recover compensation. Even if you have a legitimate reason for refusing medical treatment, such as religious or deeply held personal beliefs, it is still in your best interests to pursue care as recommended by a physician to avoid time gaps in treatment.
Seeing a medical professional as soon as possible documents your injuries and ties them to the accident, which can help you prove negligence and recover damages for the full range of your losses. An experienced attorney can work with you to ensure that your rights are protected, regardless of whether or not you receive immediate medical treatment.
2. Pursue Compensation
If you’ve suffered losses stemming from your accident and injuries, you have the right to pursue compensation. Your lawyer can help you calculate the monetary value of your damages and losses, including medical bills, lost wages, property damage and more. In some cases, such as those involving gross negligence or extreme disregard for your safety, you may also be entitled to punitive damages.
It’s important to have a personal injury attorney by your side for all interactions with the other party and their insurance company. They will ensure that you don’t say anything that could negatively impact your case or their ability to pay you what you deserve.
An accident attorney in Carrollton GA will review the facts of your case during a free consultation and explain how the law applies to your unique circumstances. New York is one of the few states that allow victims to file a lawsuit regardless of their own percentage of responsibility in an accident that caused their harm.
3. File a Lawsuit
When you’re seriously hurt, you have a right to pursue compensation for all of your losses. This includes your past and future medical care, property damages, lost wages from time missed at work, and more. Non-monetary losses, like pain and suffering, can also be included in your claim.
During your initial consultation, an attorney will assess how you might be compensated. This might include an estimate of your financial recovery based on the type of injuries you sustained, your limitations and costs.
To successfully file a personal injury lawsuit, your lawyer must prove that the defendant’s negligence caused your harm and that money damages can compensate you for this harm. This is typically accomplished by proving the following legal elements:
Your lawyer will file a complaint and summons with the court. The defendant must then be personally served with these documents. Depending on the situation, service may be accomplished by hiring a professional process server or sheriff’s deputy.
4. Hire an Attorney
The insurance companies are for-profit businesses with their bottom line in mind at all times, and they are skilled at doing everything possible to deny your claim or pay you less than you deserve. A personal injury lawyer has the experience and tools necessary to negotiate properly with the insurance companies and ensure you are receiving fair compensation for your injuries and losses.
Accidents can cause traumatic injuries, substantial financial damages and intense physical and emotional pain and suffering. New York law recognizes this and provides a way for victims to pursue compensation for their losses.
A personal injury attorney can help you meet the state statute of limitations by filing a lawsuit within one year after the accident. They can also determine if others may share responsibility for your injuries. New York law allows the recovery of compensation even if you are partly responsible for an accident, but your recovery will be reduced by your share of fault.
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